20200273 Ver 1_Major Variance_20200218

Water Resources
oNm
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
E-FORM VAR 10-2018
Submittal Application dated 2/18/2020
A. General Project Information
For instructions on how to fill out this form, see the Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions
are answered.
1a. Is this a transportation r Yes
project?* r No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: r Major Variance
r Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review -statutes-rules-guides
r Neuse River Basin (15A NCAC 02B.0233)
f Randleman Lake Watershed (15A NCAC 0213.0250)
f Tar -Pamlico River Basin (15A NCAC 026.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
f Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
C. Applicant/Owner Information
Who is submitting the application:* W Owner
F
Applicant other than
Owner
r Agent
Check all that apply.
Is there an agent working on the project but not submitting it?
r Yes
r No
Primary Contact: Chris Thickitt
This is for who should be notified if a payment is required.
Primary Contact Email: [e-mail]
1. Property Owner:

1a. Name:* Chris Thickitt
1b. Title:
1c. Mailing Address:*
Street Address
10837 Bexhill Drive
Address Line 2
City
Cary
Fbstal / Zip Code
27518
1d. Telephone:*
215-281-8959
le. Email Address:*
[e-mail]
D. Project Information
1. Project Name:* 10837 Bexhill Drive deck
(Subdivision, facility, or establishment name)
2. County(ies)*
Wake
3. Property Location:
3a. Pro pertyAddress:*
Street Address
10837 Bexhill Drive
Address Line 2
city State / Province / Fbgion
Cary North Carolina
Fbstal / Zip Code Country
27518 United States
State / Province / Region
NC
Country
United States
3b. Latitude: 3c. Longitude:
3d. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
aick the upload button or drag and drop files here to attach document
10837 Bexhill Dr..pdf 2.36MB
FDF Only
* USGS Topo look up
3e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
aick the upload button or drag and drop files here to attach document
10837 Bexhill Dr..pdf 2.36MB
FDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
n

4. Property Information:
h
4a. Parcel Identification Number (PIN)
0137981
4b. Date Property Purchased:
03/30/2018
mrdd/yyyy
4c. Type Book# Page#
of Book
Deed 1016740 2199-2200
Map 1984� 1590
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
Oick the upload button or drag and drop files here to attach docurrent
Thickitt Survey Map.pdf 161.25KB
PDF Only
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
C Yes (-- No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
C Yes r: No r- Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Dutchman' s Branch
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
E. Proposed Activity h
1. Provide a detailed description of the proposed activity including its purpose:*
Proposed activity is to remove original and dilapidated exterior deck structure with new and expanded deck structure.
Current deck structure is on the rear of the house, extends 21 ft across the back fo the house and is already fully
within the buffer zone (1 and 2). Proposed plan is to extend the deck to the edge of the rear of the house, increasing
total width to 45 ft.
2. Attach a site plan as applicable to the project:

Click the upload button or drag and drop files here to attach docurrent
Thickitt Deck Plan.pdf 902.68KB
Thickitt Plot Plan.pdf 728.09KB
FOF only
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/O/doc/402224/Pagel.aspx
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1 a. Site# - Reason 1 b. Buffer 1 c. Stream Name 1 d. Mitigation 1 f. Zone 1 1 g. Zone 2
Impact* Required?
Nbp label (e.g. Finad Crossing 1)
Permanent
Dutchman's
Yes
342.00
380.00
(P)
Branch
Square Feet
Square Feet
N/a Temporary NIA No 0.00 0.00
lvbp label (e.g. Fbbad Crossing 1) (T) Square Feet Square Feet
1 h. Total Zone 1 Impacts: 342.00
1 i. Total Zone 2 Impacts: 380.00
1j. Total Buffer Impacts: 722.00
1k. Comments:
Calculated Mitigation
11. Zone 1
Total Impact ii Multiplier Required Mitigation
342.00
3
1,026.00
Square Feet
Square Feet
1m. Zone 2
Total Impact Multiplier Required Mitigation
380.00
1.50
570.00
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
r Payment to private mitigation bank
r Payment to Division of Mitigation (DMS)
rJ Permittee responsible mitigation
n
2b. Provide a description of your mitigation plan.

Construction of deck will not require removal of any current trees and/or vegetation outside of the current fescue
lawn. For the sake of protection of the ripraian buffer, I will plant 4 azalea bushes along the stream facing edge of the
deck around an established crepe myrtle and heavenly bamboo that are both on the edge of the current stream. Due
to hardiness of the azaleas no fertilization is planned outside of supplementing soil with "black covJ' fertilizer.
2c. Attach a detailed planting plan to include plant type, date of plantings, the date of the one-time fertilization in
the protected riparian buffers, and a plan sheet showing the proposed location of the plantings.*
dick the upload button or drag and drop files here to attach docurrent
planting plan.pdf
FDF Only
2f. Comments:
783.21 KB
To be clear, the only areas that will be impacted by the expansion of the deck will be the removal of approx 200 sq
feet of fescue grass (which is frankly in poor condition). All current plants and trees will remain intact and will not be
impacted by this project. Once the deck is constructed I plan to place drainage rock to prevent soil erosion into the
stream.
G. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re-
planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of
runoff from impervious surfaces, etc.).*
No changes will be needed to the stormwater management as the deck structure W11 be contructed around current
gutters and all current diffuse flow will be maintained without change.
2. Show the location of diffuse flow measure(s) on your site plan.
Click the upload button or drag and drop files here to attach document
FDF only
3. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for
each proposed measure.
Click the upload button or drag and drop files here to attach docurrent
FDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
Click the upload button or drag and drop files here to attach document
FDF Only
H. Demonstration of Need for a Variance
The variance provision of the riparian buffer rules allows the Division or the Environmental Nbnagement Commission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection.
....................................................................................................................................................................................................................................................
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a
reasonable return from or make reasonable use of your property. Merely proving that the variance would permit
a greater profit from the property shall not be considered adequate justification for a variance. The Division will
consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule
that shall make reasonable use of the property possible.*
The current, original to the house, deck structure is far too small for the use of my family and is rapidly falling apart
and becoming a safety issue for my young children. My family is large (2 children and 3 adults) and frequently hosts
guests and the current size does not allow us to properly make use of the outside agrea. The current structure is
insufficient in size for the use that we need and the expansion will only impact the fescue grass.
chris thickitt
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors
such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*
The buffer rule is the only aspect preventing permitting construction of the expanded deck structure.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*

I've not violated the buffer rule, though I was unaware of the buffer rule in place prior to the purchase of the house or
prior to submitting my permit application to the town of Cary.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property. *
The property, including the current external structure, was built prior to the buffere rule implementation.
5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
This hardship is unique for my property due to the fact that the property was built prior to the buffer rule and that the
majority of the house is already within the buffer zone. In order to make full use of my personal property and build a
personal use deck along the exterior of my house (NOT expanding the size of my house) I would need to have a
variance for this buffer rule. Additionally, as previously stated, the only vegetation impacted is the grass yard that is
already in place.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
Yes, I purchased the house after the buffer rule was implemented and have applied for the buffer rule after a
determination was made on the stream beside my house.
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with
the approved plans and that the deed restrictions will be recorded with all required permit conditions.
* W By checking the box and signing the box below I certify that:
By digitally signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit this form.
Print Name:* Chris Thickitt
Signature *
C'r"tcZ( �,e�,x -,, "7`
Submission Date: Autonaticallyfilledin

Initial Review
Is the project accepted rJ Yes r- No
for review?*
Is the project located r Yes r No r Unknown
within a NC DCM Area
of Environmental
Concern (AEC)?*
Is this a public -funded r Yes r No
transportation
project?*
ID#* 20200273
Version*
Reviewing Office* Raleigh Regional Office - [phone]
Select Reviewer* Stephanie Goss: eads\szgoss
Has payment been r No Payment Needed
received?* r Fee Received
r Need Fee- send electronic notification

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Chris Thickitt
10837 Bexhill Dr.
Cary, NC 27518
NORTH CAROLINA
nWronmental Quality
May 17, 2019
Subject: Buffer Determination Letter
Determination Date: 5/17/2019
Staff: Zach Thomas
RRO #19-137
Wake County
Determination Type:
Buffer Intermittent/Perennial
Neuse (15A NCAC 2B .0233)
Start @
Tar -Pamlico (15A NCAC 2B .0259) Intermittent/Perennial Determination (where local
USGS
Topo
buffer ordinances apply)
Jordan (15A NCAC 2B .0267)
governmental and/or interjurisdictional
Throughout
projects)
X
Project Name: 10837 Bexhill Dr.
Address/Location: 10837 Bexhill Dr., Cary, NC 27518
Stream(s): Dutchman's Branch
Feature
E/I/
PM
Not
Subject(')
Subject Start @ Sto p@
Soil
Survey
USGS
Topo
Stream A P X Throughout X X
1) E = Ephemeral, I = Intermittent, P = Perennial, NP — Not Present, NA=Not Applicable
2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements.
AMEQ North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
6++\ //' 919.791.4200
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each feature that is checked "Not Subject' has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer
rules. There may be other streams located on the property that do not show up on the maps referenced above and are
therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days. This proiect may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Re2ulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact:
Zachary Thomas at [phone].
Sincerely,
iKar en Higgins, Su isor
401 & Buffer Permitting Branch
cc: RRO DWR File Copy
Chris Thickitt (via email: [e-mail])
I
10837 Bexhill Dr
Wake County, NC-DWR Project # 19-137
CA(
z
GAT E -
D,Q
C>
STREAM A
SUBJECT
Ste
USGS Topographical Map
AA 4
y xi
Apex Quadrangle . :: Locations are approximate
Legend:
and are provided for refer-
ence only::
Approx. Project boundary 4M ,,•
Book of maps 1984 Vol. Page 1590 Book Page County WAKE
Block — Lot 12 Subdivision WINDSOR OAKS
EIP=Existing Iron Pipe NIP=New Iron Pipe SCALE 1"=30'
PKN = PK NAIL
EIP
CENTER OF
CREEK—
Z
O
Q y
14.4'
LOT w
O 11 A
U N
W
� N
O :1 I
1.
O
o0
Z
op
N
Q
M EIP
0' 30' 60'
I, Jackie Ray Thomason, PLS, certify
That the survey is of an existing parcel or parcels of land:
and that this plat was drawn under my supervision from an actual
survey made rvision deed description recorded in
Book MAP • that the boundaries not surveyed are
clearly in to f information found in
Book _ _ SSI _ t the ratio of precision as calculated
is 1: _+ _; Witness 'y iginal signature, registration
numb an seal this __ y_ 0 __ MARCH__,A.D., 20_ 17 _.
om
N 46'17'38" W
97.00'
EIP
LOT C
12
Z
kj
11640 SF 'n
w
o�
O N
O N
N
m
INLET
DECK
11
2 STORY
FRAME
in
W
Z
a
0
M
o
N
N
97.00'
EIP
S 46'17'38" E
� 0
<Z
ri n
D rrI
<
O COMMON
IT�1
LO AREA
BEXHILL DRIVE
( 60' PUBLIC R/W )
Drawn By JRT Surveyed By JRT
PROPERTY OF:
CHRISTOPHER J. THICKITT & MINU THICKITT
10837 BEXHILL DRIVE
CARY. NC 27518
L-2*76
LOT
13
97.00'
S 46-17'38" E
NOTE:
SEE BM 1984 PG 1590 FOR
DRIVEWAY ACCESS EASEMENT
TO BEXHILL DRIVE
Date 03-20-17 Dwg # J B 1 645
ACK R. THOMASON, PL'
4969 US HWY 401 SOUTH
YOUNGSVILLE, NC 27596
PHONE: [phone]
EIP

�
�
c
v�
—1
s
�
S
n
t
�
s
S
s

or
L l OZ a ��— ( s!y} IDes uD gwnu
uol}D�}sl6e� `a�n}DuBis !Dula �t sseu}� :� t s!
pe}olnoloo so uolslosid ;o ol}DJ ey} } iS� )1008
ul puno; uol}Du,uo;ul ; e} ul �(NDelo
*JD p*A*Ajns }ou seliopunoq ey} }Dy} )1008
ul pepuooea uol}dtiosep peep uolslnj epow 'tenons
lon}DD uD UJOJ; uolslNedns Aw depun UMDJp S M }old sly} ;Dy} puD
:puol ;o sleojod jo lewod Bul}slxe uD ;o sl Aeiuns ey} 4041
A;l4jeo 'S'Id 'uosDwoyj AoS eploor 11
,0
SNVO 80SONIM
380
131N33
-IIVN Ad = NAd
edld uoJI MeN=dlN edld uo.11 6ul}slX3=dl3
uolslnlpgnS Z l 40l -- 10018
AVM 4uno0 060d Moog 069 l a6nd — *IoA f96 l sdnuw 10 Moog

46'17'38" W 97.000
EIP
Establishetl Crepe
Myrtle )not impactetl)
Bortler of stream is
currently antl will
ENTER OF
CREEK`S
F
n is and will remain tall fescue
Established Heavenly
Bamboo )not impacted) ♦4.4'
N 7
D< < K
12
40
Under the deck will be drainage rack to
prevent soil erosion